Five Questions,2 Disputes And Cabot

[anton1]

Hi everyone, I am hoping some of you could help me with the five questions below?My credit files are as yet unscaithed and I have been playing the bat and ball game of letter writing with Cabot and feel its time to tell them to put up or shut up! The five questions if answered will give me the help needed in putting together a final response to the DCA, and I thank you all in advance for any advice given....

question 1:- Cabot are insistent that this is an enforceable CCA, could some-one just confirm(again) that it is incorrect please... http://i576.photobucket.com/albums/ss209/marcog111/21052009242.jpg

 

question 2:- I have received no default notice,and even my SAR did not contain either a `default notice` or a `NOA`(though CABOT did send a representation of a NOA).What do i do about this and is there any significance to not recieving either?

 

question 3:- My SAR was incomplete(BOS state some info not available)However the statement of account states 13.11.02 bad debt w/o.....credit 2###.64....balance 0.00..Cabot claim to be assigned the debt on 18.12.02 over a month later,is there any arguement that the balance is zero?

 

question 4:- should ppi have a seperate repayment schedule or APR?

question 5:- Cabot have now sent me a letter offering 50% discount(recieved day after SAR was recieved)could this mean they know they are onto a loser?

Again i really do appreciate any help or advice given

[Bazooka Boo]

Is that really all they sent you in reply to your CCA request?

http://i576.photobucket.com/albums/ss209/marcog111/21052009242.jpg

 

Now CCA's are not my forte, but from what little knowledge I have of them, even I can see that it is very questionable!

 

If you have never received a DN how are you supposed to know your in debt?

 

To be honest no-one has proved you actually owe this money?

 

Crapbot need a damn good hiding, tell them you are seeking legal advice with a view to taking them to court for false accusations, harassment, and just plain idiotic behaviour!

 

Report them to the OFT at the very

least;[email protected]

The Office of Fair Trading: Contact us

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

Consumer Direct

 

How to Complain

[anton1]

thankyou bazooka boo,they did send 14 pages of terms and conditions but thats all they sent with relevance to my CCA request.The sar from `bank of scotland` was not much better:)

[Bazooka Boo]

thankyou bazooka boo,they did send 14 pages of terms and conditions but thats all they sent with relevance to my CCA request.The sar from `bank of scotland` was not much better:)

 

It doesn't seem to me that they are overly concerned to get their money?

 

I would have thought that if someone owed money, they would certainly try alot harder to get it back:confused:

 

Hopefully a CCA expert will pick up on this thread now, and you can get some further advice regarding this, the 50% reduction 'one time offer' is a little gimmick they like to use. Hoping that you will miraculously think 'Oh yeah, now that's a good offer'

 

It may be, but not when you consider they will have paid as little as 16 pence in the pound for the debt.

[babybear39]

Poor crapbot, awww, it's an application form and not a very good one at that

 

Tell them to take a hike and report them to TS, the OFT and your MP

[anton1]

ive forwarded a complaint to TS and the OFT:D.and thankyou babybear39.

can anyone offer advice on the other questions especially the zero balance and no default notice or noa please..again many thanks guys n gals

[babybear39]

I've seen a thread on here where a DJ said no debt due to zero balance but can't remember where

[anton1]

that would be a great thread to locate(no debt due to zero balance)especially as Cabots alleged NOA was dated a month after the zero balance:)

[anton1]

just wondering if the original creditor never issued a DN or NOA and they returned the balance to zero before selling to Cabot would that mean that there is no debt to actually collect? getting a wee bit confused as to the relevance of no DN....

[Bazooka Boo]

just wondering if the original creditor never issued a DN or NOA and they returned the balance to zero before selling to Cabot would that mean that there is no debt to actually collect? getting a wee bit confused as to the relevance of no DN....

 

A Default notice is simply a record placed on your file by creditors stating that you have been in default in some way. Such notices may have been placed without your knowledge and despite a subsequent remedy to the default.

Under the terms of your credit agreement you will probably have agreed that the lender has the right to inform the credit agencies of any default.

A default notice is a formal letter sent to you by a lender or creditor if you are in arrears with your account. Creditors and lenders are legally obliged to advise you formally in writing that you have missed payments.

 

[Bazooka Boo]

When you receive a DN it would clearly state what action you should remedy and a time in which you should remedy this action by so as not to place a marker on your file.

In laymans terms, pay us this amount by this date and no further action will be taken.

 

But if they have failed to provide you with ay correspondence then the following may be of some use;

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

 

 

 

Re: account no. xxxxxxxxxxxx

Account holder. xxxxxxxxxxxxxxxxxx

Address. xxxxxxxxxxxxxxxxxxxx

 

Whereas I have been a customer of xxxxx since xxxxx and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

[anton1]

thanks again bazooka boo,but what happens if the account clearly shows a zero balance before its sold to a DCA?.my SAR shows the balance at zero then a month later the debt is assigned(as Cabot claim)a month later,would that mean that only the arrears is due as they seem to have clearly written the debt off and terminated the account even though they never issued a default notice?sorry for all the questions im just trying to get my head around this so i can try and put this to rest(for now)

[Bazooka Boo]

thanks again bazooka boo,but what happens if the account clearly shows a zero balance before its sold to a DCA?.my SAR shows the balance at zero then a month later the debt is assigned(as Cabot claim)a month later,would that mean that only the arrears is due as they seem to have clearly written the debt off and terminated the account even though they never issued a default notice?sorry for all the questions im just trying to get my head around this so i can try and put this to rest(for now)

 

 

OK, if the account 'clearly' shows ZERO, then there is absolutely no question you owe anyone any money!

 

If Crapbot are saying that you owe them money and you can clearly see that you don't, drag them through the courts..,

Seek legal advice and put this ridiculous farcical company out of their misery..you should tell them to stop processing your personal data;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

[anton1]

again many thanks bazooka boo, i will fire of a letter on monday with a copy of what the OC sent me which shows the balance at zero.your a star and im truely grateful

[Bazooka Boo]

P.S.

Not Defending the lowlifes, but DCA's are employed by the OC (technically) So if the DCA is asking you for money from an alleged debt with a bank, then it is the bank who is answerable to their chosen DCA's tactics.

[anton1]

it would seem that now the consumers are gathering knowledge through sites like this that maybe the tides are changeing, i think the banks are learning a long over due lesson in morality(lets hope:))

[Bazooka Boo]

again many thanks bazooka boo, i will fire of a letter on monday with a copy of what the OC sent me which shows the balance at zero.your a star and im truely grateful

 

We Are all at one time indebted to this fantastic site, those that are now aware of CAG are now better informed and much better aware of our rights.

What I have learnt has been from here, and I readily donate a small token of my appreciation.

[anton1]

hi again all,just wondering while typing up a letter for CABOT,should i mention that i have never recieved a DN? also as the account has a ZERO balance(SAR statement clearly shows a balance of 0.00) before it was sold(1 month later) to CABOT does that mean its a terminated account and only the arrears are a collectable debt? really sorry for all the questions but even with the fantastic help im still a little confused:confused:

[babybear39]

The question to ask is has the account been terminated

 

If you prompt them they may send you a DN and then terminate

[anton1]

thanks babybear,should i ask cabot or the oc who`s sar was somewhat limited? again sorry fr all the questions:)

[babybear39]

Ask them both for clarification and get it in writing

[anton1]

will do babybear39,thankyou very much for your help:D

[anton1]

hi there all,just a few answers from you experts if possible please.BOS not replied to my letter yet!Cabot however want me to send them evidence of the differences between the BOS SAR and the information that Cabot have provided,they also state that they are the sole owners of the account.So im wondering if any one could advise me.The account has a zero balance as of 13/11/02 as seen in pic below...

http://i576.photobucket.com/albums/ss209/marcog111/17072009257.jpg

Cabot then purchased the debt on the 18/12/02.Would this mean that they bought a debt valued at £0.00? there has never been a Default notice sent to me and only CABOT have managed an NOA though that seems to be their`special` constructed on headed paper! BOS dont seem to have a NOA and its one of the things im waiting for an answer to?To I tell CABOT that i have never recieved a DEFAULT NOTICE?

Any advice would be really appreciated and thankyou in advance:)

[babybear39]

If the account has been terminated you can tell cabot you haven't had a DN. Don't tell them if it hasn't Although, the nil balance shows that it had been charged off

[anton1]

thanks babybear,so that means that my arguement of zero balance is unusable as i have recieved no termination letter nor DN:(